Maxey v. Johnson, et al

Filing 7

ORDER signed by Judge John A. Mendez on 8/10/2015 ORDERING that the court concludes Mr. Maxey meets the definition of a VEXATIOUS LITIGANT and HEREBY DESIGNATES James Maxey a VEXATIOUS LITIGANT. (Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES C. MAXEY,

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No.

2:15-cv-01656

Plaintiff,
v.

ORDER DECLARING PLAINTIFF JAMES
MAXEY A “VEXATIOUS LITIGANT”

MAYOR KEVIN JOHNSON; SHERIFF
SCOTT JONES; CITY OF
SACRAMENTO; PRESIDENT BARACK
OBAMA; U.S. ATTORNEY BENJAMIN
WAGNER; and DOES 1 THROUGH
99,

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Defendants.
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Over a period of less than two years, Plaintiff James Maxey
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has filed 172 lawsuits in this Court.

The vast majority of these

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cases have been summarily dismissed, due to Mr. Maxey’s
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implausible allegations that, inter alia, he has been subjected
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to “satellite microchip implant technology” by various
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governmental actors.
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California Code of Civil Procedure (“CCP”) § 391 et seq. (as
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adopted in Local Rule 151(b)) provides that the Court “may, on
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its own motion . . . enter a prefiling order which prohibits a
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vexatious litigant from filing any new litigation [in this Court]

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in propria persona without first obtaining leave of the presiding

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. . . judge” of this Court.

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defined elsewhere in the CCP, a “vexatious litigant” is a person

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who, “[i]n the immediately preceding seven-year period has

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commenced, prosecuted, or maintained in propria persona at least

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five litigations other than in a small claims court that have

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been (i) finally determined adversely to the person or (ii)

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unjustifiably permitted to remain pending at least two years

Cal. Civ. Proc. Code § 391.7(a).

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without having been brought to trial or hearing.”

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As

Proc. Code § 391(b)(1).

Cal. Civ.

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Based on a review of Mr. Maxey’s filings on the Court’s

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electronic filing database (CM-ECF), the Court concludes that Mr.

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Maxey meets the definition of a “vexatious litigant” under CCP §

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391(b)(1), as well over 100 of his cases have been brought, and

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dismissed, within the past two years.

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Rule 151(b) CCP § 391 et seq., the Court hereby designates James

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Maxey a “vexatious litigant.”

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Thus, pursuant to Local

This order constitutes a “prefiling order” as defined in CCP

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§ 391.7, and will operate to prevent Mr. Maxey from filing any

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new litigation in this Court without first obtaining leave of

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Chief Judge Morrison England.

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Pursuant to CCP § 391.7(b), any future filings by Mr. Maxey will

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only be permitted if “it appears that the litigation has merit

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and has not been filed for the purposes of harassment or delay.”

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Pursuant to CCP § 391.7(c), the Clerk is directed to “not file

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any litigation presented by [Mr. Maxey] unless [he] first obtains

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an order from [Chief Judge England] permitting the filing.”

Cal. Civ. Proc. Code § 391.7(a).

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Cal.

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Civ. Proc. Code § 391.7(c).
This order does not have retroactive effect, and Mr. Maxey’s
currently-pending actions will proceed accordingly.

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IT IS SO ORDERED.
Dated:

August 10, 2015

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